An incident report for an establishment could be only short, perhaps a couple of paragraphs. The report names the guests, describes the disturbance, names the personnel who responded, and also records when management was notified.
As an attorney, that report could cause more questions than it can answer. Who was in charge of supervising the employees that were involved? Was surveillance footage preserved? Did the facility follow its established guidelines? Did the property have previous interactions that were not recorded in the report.
These questions highlight the reason why hospitality litigation typically calls for an examination of regular business records prior to when witness testimony begins.
Begin with the documents that were created during normal operations
The records are maintained by hospitality firms to record scheduling guest services, training for staff and security management and much more. These records were not always intended for litigation however they can be used to document the operation of the establishment during an incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. Written policies may demand that a manager respond to an employee who reports an intoxicated client.
The investigation should establish whether the manager was actually working with the manager, whether the report was shared, and the response the evidence reveals. It is important to look at actual actions as opposed to assuming that written directives were followed or not followed.
The interpretation of restaurant records is different
Investigations in restaurants are difficult because restaurant employees are required to split their time between food preparation in the kitchen, serving customers and managing the dining room. An expert witness from a restaurant can discuss the effects of these roles on the choices taken by employees while they serve.
Imagine a situation in which a client ordered alcohol at the bar before being transferred to tables. The bar receipt may document the initial purchase, while dining room transaction records may record subsequent purchases.
However, these documents may not provide proof of what the tableserver was aware of about the prior service. Combining the server assignment and transaction times, as well as management notes, and employee declarations can clarify the sequence. It is important to make a distinction: simply because alcohol was consumed doesn’t mean the employees noticed that they were drunk.
Casino Investigations may require different documents
Casino beverage programs can be very different from those of the typical restaurant. Free drinks, mobile cocktail servers, gaming-floor supervisors, and extensive security procedures create additional sources of information.
A casino expert witness could review beverage staffing, security reports and surveillance footage. They can also look over processes for employee communication. If drinks are offered in a free service, the traditional receipts for sales can be incomplete.
In those instances, the investigation may depend more heavily upon surveillance, employee observations, service documentation, and even the documenting procedures of the property. The expert must also be able to identify any weaknesses in the evidence, and not accept a partial record.
Save the evidence until it’s no more available
A major concern in the hospitality litigation field is the preservation of time sensitive documents. Surveillance systems might keep records for limited periods. Different departments or systems can keep employee calendars, internal communications, and incident documents. Attorneys should identify and save the records that may be pertinent as soon as they are able.
The scope of the necessary investigation is contingent upon the accusations. For instance, a restaurant may need restaurant and bar records. A resort-related incident could need documentation of the event such as travel arrangements or security communications. A specific review can help determine what records are important without taking for granted that every department played an important role.
Making sense of paperwork is much easier with experience from the operational side.
Preston Rideout is a hospitality veteran with over 20 years of experience. He has held positions in management, bartending and beverages operations in a variety of divisions. Through Rideout Hospitality Consulting, established in 2010, he has advised hotels, restaurants, and resort operators in the United States and internationally.
Expert witness testimony for plaintiffs as well as defendants has involved issues related to resorts, casinos restaurant, hotels, and casinos. The operational background can be useful when it comes to interpreting data that might seem straightforward to someone who is not familiar with the management of hospitality.
Staffing schedules, such as you can identify the person who was assigned to work. Understanding the model of service and the operational environment of a building is vital to determine if these assignments will provide the appropriate supervision.
Clarity in questions is the initial step to an argument that is stronger
Early expert review helps attorneys identify unresolved and documented issues. It can identify records that are worth requesting and clarify the terminology employed in depositions.
Some discrepancies are not indicative of an operational issue. Also, not every policy that proves the correct procedure was followed.
The value of expert analysis lies in explaining these distinctions using relevant evidence and accepted industry practices. Knowing the process prior to conducting an investigation into employees in a hotel matter can help lawyers prepare a case with a more precise and reliable examination.